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Topic: Well this sucks (Read 4075 times) previous topic - next topic

Well this sucks

Reply #15
Just heard from the Insurance Company
 
They said there damage estimate exceeds $2000
 
First offer:
Total Loss = $1393
Buyback (salvage Value) $200
The Title will not have to be branded (due to the year and being in Washington)
 
I could walk right now with the car and $1193.
 
Told them there appraiser is an idiot. Show me a comp for a 1988 Thunderbird equally equipped with 5.0 and 4 wheel disk brakes in Washington State (they won't be able to). Try again! Also told her the car with a missing driver’s side mirror is illegal on the streets of Washington State I need a rental car today and I’m already displeased she didn’t get back with me on Monday about the rental.
 
She said she didn’t think the offer would fly; she will get back with me later today.
:birdsmily:   Objects In Mirror Appear to be Loosing  :birdsmily:

Well this sucks

Reply #16
Yea, but for almost $1200, you could easily get a fender, door, and paint for about 1/2 of what they are giving you.  I would take the car, cash, and walk.

If the police say anything about the mirror, just say your on your way to the Junk Yard.

Just my .02

Well this sucks

Reply #17
Well my agent suggested I NEVER take there first offer. There job is to settle as quickly and cheaply as possible. So once they admit fault they will always first try a low ball offer.

By her saying "didn’t think the offer would fly" (she was talking about her offer to me) I believe low ball offer is the case... will just wait and see what happens and keep ya all posted.
:birdsmily:   Objects In Mirror Appear to be Loosing  :birdsmily:

Well this sucks

Reply #18
Keep the pressure on them Jim! I wouldn't have taken the offer either. They should offer you about $2000-$2500 and buy the car back.

Well this sucks

Reply #19
Quote from: Aerobird Motorsports;185770
Keep the pressure on them Jim! I wouldn't have taken the offer either. They should offer you about $2000-$2500 and buy the car back.

That's what I'm looking for.
:birdsmily:   Objects In Mirror Appear to be Loosing  :birdsmily:

Well this sucks

Reply #20
Hey there jim miller, is it "LOSING"  or "LOOSING"  as you have it on your signature ????????? Just asking, don't be mad...

Well this sucks

Reply #21
Quote from: screaming306;185790
Hey there jim miller, is it "LOSING" or "LOOSING" as you have it on your signature ????????? Just asking, don't be mad...

Got no idea... I'm the LAST person you want to direct spelling questions to. (You would think you would have been smart enough to have figured that out)
But since it was important enough to you, to post in my thread, something that has absolutely nothing to do with the topic, it must be the way I want it as it’s got a LOT more power that way. So I guess it’s going to stay “Loosing” because I love the control. Better idea, start your own thread, title it something like “Jim Miller spells losing wrong” and we can discuss it further there.  that would be a LOT of power, it’s own thread… (puffing chest out):flip:


As for ON topic,
$1200 and I keep the car, there final offer.

I’ve called my insurance to ask advice; I couldn’t get a hold of my agent. (This could have been a mistake)
I think I’m going to be stuck with that.
:birdsmily:   Objects In Mirror Appear to be Loosing  :birdsmily:

Well this sucks

Reply #22
Jim,
Not to pry, but who's your insurance? More importantly, what's the insurance of the truck that hit you? I *just* went through all this  so I have some contacts.

Well this sucks

Reply #23
I have Progressive
They have Carolina Casualty

Just got off the phone with my adjuster who says

I don’t have the right to insist on it being repaired.

It appears they have done there homework and provided an estimate that would be acceptable to the powers that be.

It is now in my ball park to prove them wrong with receipts for any work done that would put it above what there valuing the car at.

I have none, or few if any. Most of the parts wheels etc. were craigslist (no value), the tires and brakes are considered routine maintenance (no value), The parts in my garage are not even on the car so (no value).. I can’t prove them wrong, so my hands are tied.

$1200 and I keep the car with a clear title.
:birdsmily:   Objects In Mirror Appear to be Loosing  :birdsmily:

Well this sucks

Reply #24
"I don’t have the right to insist on it being repaired."

They are absolutely, 100%, WRONG. You have the right in all 50 states to insist on a repair AND the facility of your choice. You also do NOT have to get more then one estimate, OR accept the insurance company's estimate (in most states you can even refuse their adjuster from even coming out).

Take it to the most expensive shop in the area and have him work you up a full, realistic estimate. Paint, blending, bodywork, new panels, alignment, the works. Send that to the insurance company with copies of recent (within the last 60 days) ads for the same car (make sure they are all 2-tone 87-88 TBird with 5.0 and similar miles and options in the WA/OR area).

If all else fails, have your car appraised (yes, I do that. I've helped quite a few people get what their cars were really worth). They cannot deny an actual licensed appraisal.

Might want to talk to Matt S on NATO as well. His mint TC got hit and he knows how to deal with an insurance company.

They're trying to roll you over the coals Jim, fight them!


Well this sucks

Reply #26
Quote from: Aerobird Motorsports;185810
"I don’t have the right to insist on it being repaired."

They are absolutely, 100%, WRONG. You have the right in all 50 states to insist on a repair AND the facility of your choice. You also do NOT have to get more then one estimate, OR accept the insurance company's estimate (in most states you can even refuse their adjuster from even coming out).

Take it to the most expensive shop in the area and have him work you up a full, realistic estimate. Paint, blending, bodywork, new panels, alignment, the works. Send that to the insurance company with copies of recent (within the last 60 days) ads for the same car (make sure they are all 2-tone 87-88 TBird with 5.0 and similar miles and options in the WA/OR area).

If all else fails, have your car appraised (yes, I do that. I've helped quite a few people get what their cars were really worth). They cannot deny an actual licensed appraisal.

Might want to talk to Matt S on NATO as well. His mint TC got hit and he knows how to deal with an insurance company.

They're trying to roll you over the coals Jim, fight them!

Actually, you don't have the right to insist on a repair. The insurance company has the right to refuse a repair if the structural integrity of a vehicle cannot be maintained (which is why most rollovers are written off - in fact the insurers not only have the right, they have the legal obligation to "write off" vehicles that can't be safely repaired), and they also have the right to refuse a repair if the cost of the repair is more than the value of the car. You can't wreck a $2k car and expect an insurance company to pay $5k to repair it.

You DO have the right to refuse their determined value of the car. An insurance settlement is called a settlement because it's an agreement between you and the insurer out of court. If you can't come to an agreement you have every right to sue them for the value of the car. Of course this would require documentation to PROVE that value - the cost of any upgrades (installing larger brakes on a vehicle is an upgrade, not "maintenance") and an appraisal of the pre-accident value of the car. You must convince a judge that your vehicle is worth more than book value, and that appraisal is going to be your best friend when doing so. If you have the appraisal the insurance company will usually give you that amount with no fight, as they know it would only cost them more money to fight and lose anyway in court.

When I was in my major accident in the Volvo the other guy's insurer offered me $500 for the car (which was what I paid for it). My lawyer advised me that it is the insurer's obligation to provide me with a reasonable replacement for my loss - in my case, it meant they had to provide me with enough money to buy another '85 Volvo 740 with leather. I bought some auto traders and cut out ads for similar 740's within a model year (84-85-86) with similar options, and with prices ranging from $1600-$3000, with the average being about $2500. I gave them to my lawyer, who put together a letter pointing out what a replacement would cost, and also informing them that I would not be returning the rental car they had provided me until my wrecked car was paid for. This gave them a $35/day incentive to hurry along.

The insurance company then offered $1600 because my vehicle had very high mileage. I countered with $1600 plus I get to keep the car (I already had a $300 offer on it from a friend who wanted the interior). They agreed, so I ended up with $1900 in total. A far cry from the $500 they originally offered. I bought my '88 Cougar with that money :hick:
2015 Mustang GT Premium - 5.0, 6-speed, Guard Green - too much awesome for one car

1988 5.0 Thunderbird :birdsmily: SOLD SEPT 11 2010: TC front clip/hood ♣ Body & paint completed Oct 2007 ♣ 3.55 TC rear end and front brakes ♣ TC interior ♣ CHE rear control arms (adjustable lowers) ♣ 2001 Bullitt springs ♣ Energy suspension poly busings ♣ Kenne Brown subframe connectors ♣ CWE engine mounts ♣ Thundercat sequential turn signals ♣ Explorer overhead console (temp/compass display) ♣ 2.25" off-road dual exhaust ♣ T-5 transmission swap completed Jan 2009 ♣

Well this sucks

Reply #27
Quote from: Thunder Chicken;185870
Actually, you don't have the right to insist on a repair. ...
 and they also have the right to refuse a repair if the cost of the repair is more than the value of the car. You can't wreck a $2k car and expect an insurance company to pay $5k to repair it.

This is the way I understood it, and they had 2 appraisals placing the car's value at about $1200. So they determined my loss at that amount. Also 3 comps at $1000, $1500 and $2000

Quote from: Thunder Chicken;185870
You DO have the right to refuse their determined value of the car. ...
 You must convince a judge that your vehicle is worth more than book value, and that appraisal is going to be your best friend when doing so. If you have the appraisal the insurance company will usually give you that amount with no fight, as they know it would only cost them more money to fight and lose anyway in court.
Also as I understood it, Now the burden of proof is in my hands, and it would possibly require court action on my part.

Now that NATO quote from Ted could have helped things, Also if I had receipt's for the brake "upgrade" it may have helped. So with some homework I could have possibly squeezed a few hundred more out of them. If an attorney was required then that would have eaten some if not all of that up, If my "free" time was involved (and it would have been) then that right now is costing me 2k a month in interest charges on this home construction loan that I'm on the home stretch of closing (finishing touches to pass my final inspection and get my certificate of occupancy). So if the car was my only priority then I may have put more effort into it. But I choose to take the car and the $1250 and spend this weekend texturing and painting a 20ft tall vaulted ceiling. By having this weekend to work the house instead of doing homework on the car I save up front $500 in interest charges.. and that adds up to god only knows what over a 30 year mortgage.

Good info in this thread though for next time or anybody else that may learn something. thanks Peeps!
:birdsmily:   Objects In Mirror Appear to be Loosing  :birdsmily:

Well this sucks

Reply #28
Correct Carm. However, the insurance company DOES have to prove that the structural integrity has been compromised. They would fail that regard in Jim's case. Since Jim could have proven that the car was worth more then the damage he could have forced them to fix it.

It looks like he took the money though, which in this situation with the house and all that, I wouldn't blame him.

When the g/f's White 87 TC got vandalized they tried to say it was totaled because the damage was more then the value. We proved them wrong on value and forced a payment. Then I fixed it all myself (except the missing stereo, she traded it in within the year anyways). If there's no damage to the structure, they can't claim total (in most cases, some states say that once twice the value in damage is done it's totaled by state law).

Well this sucks

Reply #29
Can I buy your car for $300?

Sorry Jim.

Good luck on the house, there's no way I'm going to texture 20' ceilings.  Sounds like you are going to have a nice home for Christmas.

TED